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Two of the big three consumer reporting agencies, Experian and TransUnion, have recently been named in a lawsuit alleging that the companies violated the Fair Credit Reporting Act when they listed inaccurate data.
Plaintiff Bryan Jallo, a Texas resident, said both credit companies listed his child support payments as delinquent, even after he provided supporting documentation to the contrary. The plaintiff stated that he was making the payments since 2009 and in 2011 he became unemployed after leaving the military and stopped making the child support payments from May 2011 to September 2011.
When Jallo resumed making payments, he did so in a smaller amount than he initially had made. The following year in August 2012, a court ordered Bryan to pay $480 per month, and since the court date, he claims he has made every payment in full and on time.
In June of 2013, Jallo allegedly began the process to repair his credit record, credit history and credit rating. During this process, he found that TransUnion LLC and Experian Information Solutions Inc. both listed nine payments to the Texas Attorney General as “past due” for as many as 150 days, the credit reporting class action lawsuit alleges.
Of the delinquent payments listed on his Experian credit report, eight of the nine reported were in 2014, a time when Bryan had made current payments in full and one was from 2012 before the court order which was the only true late payment, the class action lawsuit alleges. The plaintiff reportedly acquired a statement from the Attorney General’s Office confirming his payments were current and provided the statement to Experian.
Despite disputing the report twice with appropriate documentation, Experian rejected the disputes and did not update the plaintiff’s information, the credit report class action lawsuit alleges.
TransUnion had initially reported a single child support payment was past due from July 2012 that he disputed and his dispute was rejected. Upon monitoring his TransUnion credit report less than a month later, Jallo alleges he saw the same nine past due payments that were listed on the Experian report were then listed where only one had shown up before.
The plaintiff submitted a second dispute with the documentation showing his account was current from the attorney general, and dispute was accepted and TransUnion corrected the information.
After monitoring his report a third time, the late payments showed up again a few weeks after they had been deleted. The late payment remained on his report despite attempting another dispute, Jallo alleges in the class action lawsuit.
During this time, Jallo’s report issued by Equifax Information Services LLC never showed any inaccuracies regarding the plaintiff’s payment status to the attorney general, according to the credit report class action lawsuit.
The credit report class action lawsuit alleges Jallo has suffered “loss of credit, loss of the ability to purchase and benefit from credit, time and expense disputing the incorrect reporting, and the mental and emotional pain and anguish and the humiliation and embarrassment of credit denials.”
Jallo is seeking statutory and/or actual damages, recovery of cost of litigation as well as punitive damages.
Jallo is represented by Aaron D. Radbil of Greenwald Davidson PLLC.
The Experian and TransUnion Class Action Lawsuit is Bryan Jallo v. Experian Information Solutions Inc., et al., Case No. 4:15-cv-00745, in the U.S. District Court for the Eastern District of Texas.
UPDATE: On June 1, 2016, the Experian and TransUnion class action lawsuit was dismissed.
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28 thoughts onClass Action Accuses Experian, TransUnion of Inaccurate Recordkeeping
I am a victim I’m a victim of TransUnion Equifax and Experian grab on Greed the class action lawsuit represented the treatment that most people get when hassled by debt collectors unwanted phone calls but necessary calls and mistreat their power I’ve lost a home over this and some of you just lost a credit score and my credit score was very very good now I’m in able to rent an apartment until they wipe this stuff off thank God I rent from the city of Oakland
I think then when the check gets here and the credit is restored
Brian Matthews
UPDATE: On June 1, 2016, the Experian and TransUnion class action lawsuit was dismissed.
Credit bureaus do not care about accuracy. They only serve credit sellers. What do credit cards want? They want to give us higher interest rates. Therefore accurate credit reports are not good for them. They have been trying to play worn out card of *update your information*, *dispute that wrong information* for years. Most of the time, once a dispute is decided, you lose. Then, it is written in stone. And, what happens? They get to raise your rates…and the beast is fed. Dont feed that beast. Ignore them. Dont even bother with them. If everybody just stops trying to correct the reports, which will never happen anyhow, since the bureaus have zero incentive to report properly, then there may someday be a change. Not for a long time. Not until we change, and stop trying to fix what has been repeatedly show to be intentionally broken.
I have similar issue to some of the post i have read. But I have one issue on my report that is really mind boggling. There is a charge on my report that was made in 1953, I was born 17 years later. I have tried to get this removed by sending info, which I wasn’t to keen on sending through the mail. I have spoken to numerous Representatives and supervisors and still nothing. I have gotten into arguments with representatives and supervisors about this issue. It may only take a little common sense, reading what in front of you, and the push of a few keys to move this.
FINALLY, FINALLY, someone is doing something about these credit reporting agencies. I’ve had trouble with them for years and years, (along time ago) Yes, they are crooks and I just can’t understand why they’ve been in business or even the concept of it. They don’t care what you try to resolve, they can’t even send you a note or letter explaining their lack of concern for you. I wrote them off long ago, (didn’t have this option then of a class-action). I decided to not regain my credit through another credit card and give them the satisfaction of being in cahoots with the card companies. It’s been a little inconvenient but I’m still alive and eating well. I wish more people would do that so we can run these do-nothing crooks out of business.
Lee is so right. This is how they operate- the credit bureaus do not derive one cent of income from the consumer. But they do get paid from their reporters (the people who report on us to them, in the form of information, and by the companies who often pull credit reports (sometimes when your company does both, you can even deduct a percentage of the cost of a report based on how many accounts you have, and a few other factors.) The company that I once worked for pulled credit, but did not report. Back then, we paid a flat fee in order to have open access to Transunion, and a small busniess report. If I needed to get additional information from another bureau, it cost a little more. We never based our final credit decision on any of the information in the reports, because even 25 years ago, they were completely unreliable, but you could get a bead on someone through them. Like, if they had too many open accounts or too much available credit. Some things like that. These credit bureaus have gone off the hook since then trying to compete with data compilers, I think, and they are just outmoded tech. They have never been good at what they do, and if we stick together, and IGNORE THEM, they will wither and die, which is what they deserve, having caused so much misery. They have already turned into a quasi-governmental agency, but with no oversight, and I know I never voted for this kind of bull. If people want -rather MUST compile data on various consumers, since that credit sensitive data is regulated by the states, let it be stored in state specific sites by state registered companies, in a place where I can easily access the company (or more easily), and break up these conglomerates with no face and no place. It has no meaning to me, and I need to know who to write to, and where to go for real meaningful answers. And this has been too long coming, so dont make me wait.